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1989 Supreme(Ori) 6

V.GOPALASWAMY, G.B.PATTANAIK
M/S. SHRI LAXMI TRADING CO. – Appellant
Versus
ADDL. DIST. MAGISTRATE (C. S. S. ), ROURKELA – Respondent


Advocates Appeared:
A.PATNAIK, L.Panigrahi, R.K.Patra, S.C.LAL

G. B. PATNAIK, J.

( 1 ) THE order of confiscation passed by the Collector (opposite party 1) and the order of the State Government (opposite party 2) affirming the said order in appeal are being impugned in this writ application by the petitioners. Petitioner 1 is admittedly a dealer of foodgrains carrying on its business in Rourkela and petitioner No. 2 is a partner of petitioner 1-firm.

( 2 ) THE Inspector of Supplies conducted a raid on the business premises of the petitioner 1 on 26-8-1987 and found that the petitioner was in possession of 300. 60 quintals of edible oils and 1469. 53 quintals of pulses and edible oilseeds. The Assistant Civil Supplies Officer, Rourkela, accordingly submitted a report to the Collector pointing out the tact that the petitioner, having been in possession in excess of the permissible limit of edible oils and edible oilseeds as provided under the Pulses, Edible Oilseeds and Edible Oils (Storage Control) Order, 1977 (hereinafter referred to as the "central Order"), has contravened the said provisions. A prosecution report was accordingly filed under Section 6-A of the Essential Commodities Act and the petitioner was called upon to show cause as to



















































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